[Federal Register: November 23, 2001 (Volume 66, Number 226)]
[Page 58748-58749]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of a Permit Application (Bartlett) for Incidental Take of 
the Houston Toad

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Virginia Bartlett (Applicant) has applied for an incidental 

[[Page 58749]]

permit (TE-049034-0) pursuant to section 10(a) of the Endangered 
Species Act (Act). The requested permit would authorize the incidental 
take of the endangered Houston toad. The proposed take would occur as a 
result of the construction and occupation of a single-family residence 
on approximately 0.75 acres of a 33.525-acre property on FM 2104, 
Bastrop County, Texas.

DATES: Written comments on the application should be received on or 
before December 24, 2001.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director, U.S. Fish and Wildlife Service, PO 
Box 1306, Room 4102, Albuquerque, New Mexico 87103. Persons wishing to 
review the EA/HCP may obtain a copy by contacting Clayton Napier, U.S. 
Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 
78758 (512/490-0057). Documents will be available for public inspection 
by written request, by appointment only, during normal business hours 
(8 to 4:30) at the U.S. Fish and Wildlife Service, Austin, Texas. 
Written data or comments concerning the application and EA/HCP should 
be submitted to the Supervisor, U.S. Fish and Wildlife Service, Austin, 
Texas, at the above address. Please refer to permit number TE-049034-0 
when submitting comments.

FOR FURTHER INFORMATION CONTACT: Clayton Napier at the above U.S. Fish 
and Wildlife Service, Austin Office.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the Houston toad. However, the 
Fish and Wildlife Service (Service), under limited circumstances, may 
issue permits to take endangered wildlife species incidental to, and 
not the purpose of, otherwise lawful activities. Regulations governing 
permits for endangered species are at 50 CFR 17.22.
    An Environmental Assessment/Habitat Conservation Plan (EA/HCP) for 
the incidental take application has been prepared. A determination of 
jeopardy to the species or a Finding of No Significant Impact (FONSI) 
will not be made until at least 30 days from the date of publication of 
this notice. This notice is provided pursuant to section 10(c) of the 
Act and National Environmental Policy Act regulations (40 CFR 1506.6).
    Applicant: Virginia Bartlett plans to construct a single-family 
residence, within 7 years, on approximately 0.75 acres of a 33.525-acre 
property on FM 2104, Bastrop County, Texas. This action will eliminate 
0.75 acres or less of Houston toad habitat and result in indirect 
impacts within the lot. The Applicant proposes to compensate for this 
incidental take of the Houston toad by providing $3,000.00 to the 
Houston Toad Conservation Fund at the National Fish and Wildlife 
Foundation for the specific purpose of land acquisition and management 
within Houston toad habitat.

Steven M. Chambers,
Acting Regional Director, Region 2.
[FR Doc. 01-29182 Filed 11-21-01; 8:45 am]